LGBTQ Family Law
An Evolving Landscape
Over the past two decades, the legal landscape of LGBTQ relationships evolved significantly. Now, LGBTQ individuals in Colorado can be married, enter into civil unions, get divorced, and be recognized as parents (even without a genetic relationship to the child). Despite this evolution, LGBTQ relationships often are misunderstood by attorneys and judges. Our attorneys understand that imposing heteronormative qualities and expectations on those relationships can be both insensitive and unrealistic in legal proceedings. Laurence I. Gendelman, Esq. is an advocate for the rights of the LGBTQ community, with service spanning nearly a decade including service on the Board of the Colorado LGBT Bar Association for five years, and he is currently the President-Elect of the Colorado LGBT Bar Association. Gendelman Klimas understands the unique features of LGBTQ relationships and the complex and still somewhat-unsettled legal regime surrounding them. In Colorado, this includes issues regarding the application of common law marriage as well as determining parental rights for intended parents.
Marriage
At Gendelman Klimas, we are happy to serve LGBTQ couples regarding the creation of a premarital or marital agreement. When planning a wedding, many couples consider a premarital agreement, also known as a prenuptial agreement or “prenup.” A marital agreement can also be entered into in Colorado, which is executed during a marriage. A premarital or marital agreement help establish a party’s intentions regarding what would happen upon divorce or if one partner were to pass away. These types of arrangements are also helpful in determining the division of
premarital and marital property, as well as how income and debt will be divided.
Divorce
Divorce can happen to anyone. We understand the unique issues that may present in an LGBT divorce. This can include:
- Determining the start of the marriage, if the marriage pre-dated the legalization of same-sex marriage
- Arguing whether a marriage existed
- A fear that a judge or magistrate may treat you differently because of your identity
- Parenting time schedules, decision-making, and child support
Child Adoption
Many LGBTQ couples have hopes for starting a family of their own to provide loving and safe homes for children who need their care. The adoption process can be quite complex. Our attorneys provide expert legal support during the adoption process to help you grow your family.
Surrogacy
There are a variety of options LGBTQ couples can choose from when it comes to surrogacy including egg donation, sperm donation, co-maternity, and embryo donation. It is crucial to have legal support once you have found a surrogate to protect everyone’s rights and help the process go smoothly. This field is highly specialized and, while Gendelman Klimas does not provide legal services in this area, we work closely with other law firms that do and are happy to provide referrals for LGBTQ-friendly attorneys who specialize in artificial reproductive technology law.
Contact Us
If your family needs legal counsel and feels uncertain of how to best navigate the legal system, you can find comfort knowing Gendelman Klimas understands LGBTQ issues and the law. Contact the attorneys at Gendelman Klimas today by calling us at (720) 213-0687 or by using the button below.
